CLAT PG 2025 Question Paper

Question 1

Read the passage and answer the question.

Passage: The landmark judgment of Bangalore Water Supply and Sewerage Board v. A. Rajappa & Others, delivered by the Supreme Court of India in 1978, significantly influenced the interpretation of the term `industry' under the Industrial Disputes Act, 1947. The case cantered on whether the Bangalore Water Supply and Sewerage Board, a statutory body, could be classified as an industry under the Act, thereby making its employees eligible for certain protections and benefits. Prior to this case, the definition of `industry' had been subject to varied interpretations, leading to confusion and inconsistency in its application. The Industrial Disputes Act, 1947, broadly defined `industry' to include any business, trade, undertaking, manufacture, or calling of employers and any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. However, this expansive definition left room for ambiguity, especially concerning statutory bodies and non-profit organizations. In this case, the Bangalore Water Supply and Sewerage Board argued that it was not an industry, emphasizing its statutory duties and public welfare objectives. The Board contended that its primary purpose was to provide essential services, not to engage in profit-making activities typical of private enterprises. On the other hand, the respondents, including A. Rajappa, argued that the Board's activities fell within the scope of an industry as defined by the Act, and thus, its employees should be entitled to the benefits and protections accorded to workers in industries. The Supreme Court, in its judgment, undertook a comprehensive analysis of the term `industry.' The bench, led by Chief Justice M. Hameedullah Beg, laid down a broad and inclusive definition of `industry.' The Court asserted that what mattered was the nature of the activity and the relationship between the employer and the employees. This interpretation aimed to ensure that a wide range of workers, including those employed in public utility services, statutory bodies, and even some non-profit organizations, would be covered under the protective umbrella of the Industrial Disputes Act. The decision in Bangalore Water Supply v. A. Rajappa & Others had far-reaching implications. It extended the scope of labour protections to a broader spectrum of workers, ensuring that more employees could benefit from the dispute resolution mechanisms and other safeguards provided under the Industrial Disputes Act. This judgment underscored the judiciary's role in interpreting labour laws to promote social justice and protect workers' rights in a rapidly industrializing nation. (Extract from Bangalore Water Supply v. A. Rajappa & Others, 1978 2 SCC)

Question: In which of the following landmark judgements, the Supreme Court held that when an association or society of apartment owners employs workers for personal services to its members, those workers do not qualify as workmen under the Act and the association is not an “Industry” under the Industrial Disputes Act?

Accepted Answer

Som Vihar Apartment Owners’ Housing Maintenance Society Ltd. v. Workmen, 2009 SC

Answer

Anand Vihar Apartment Owners’ Society Ltd. v. Workmen, 2024 SC

Answer

Kanchanjunga Building Employees Union v. Kanchanjunga Flat Owners Society & Anr., 2024 SC

Answer

None of the above

Question 2

Read the passage and answer the question.

Passage: Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State. The purpose of the equal opportunity principle in Article 16(1) and the reservation provision in Article 16(4) has emerged as a focal point of the jurisprudence on reservations in this Court. A discussion of the journey of the competing models of equality that the Court has espoused and their evolution over the course of the years is necessary to understand the constitutional vision on equality. The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Subclassification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis. Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Subclassification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld. (Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)

Question: The issue of whether the State can further sub-classify within a class for the purpose of reservation first arose in:

Accepted Answer

MR Balaji v. State of Mysore

Answer

T. Devadasan v. Union of India

Answer

Akhil Bharatiya Soshit Karamchari Sangh (Railway) v. Union of India

Answer

The State of Punjab & Ors. v. Davinder Singh & Ors. 2020

Question 3

Read the passage and answer the question.

Passage: As new situations arise; the law has to be evolved in order to meet the challenge of such new situations. Law cannot afford to remain static. It should keep pace with changing socio-economic norms. We have to evolve new principles and lay down new norms which would adequately deal with the new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constricted by reference to the law as it prevails in England or for that matter in any other foreign country. We no longer need the crutches of a foreign legal order. We are certainly prepared to receive light from whatever source it comes but we have to build up our own jurisprudence and we cannot countenance an argument that merely because the new law does not recognize the rule of strict and absolute liability, we cannot have it too. Court should not feel inhibited by this rule merely because the new law does not recognise the rule of strict and absolute liability. The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety. The court discussed the scope of the Epistolary jurisdiction and reiterated that procedure being merely a handmaid of justice should not stand in the way to access to justice. (Extracted with edits from M.C. Mehta v. Union of India (1987) 1 SCC 395)

Question: In which of the following cases, the term “Epistolary Jurisdiction” was first used in India?

Accepted Answer

Fertilizer Corporation Kamgar Union v. Union of India, 1981 SC

Answer

Mumbai Kamgar Sabha v. Abdul Bhai, 1976 SC

Answer

ADM Jabalpur v. Shivkant Shukla, 1976 SC

Answer

Amba Devi v. Union of India, 1984 SC

Question 4

Read the passage and answer the question.

Passage: As new situations arise; the law has to be evolved in order to meet the challenge of such new situations. Law cannot afford to remain static. It should keep pace with changing socio-economic norms. We have to evolve new principles and lay down new norms which would adequately deal with the new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constricted by reference to the law as it prevails in England or for that matter in any other foreign country. We no longer need the crutches of a foreign legal order. We are certainly prepared to receive light from whatever source it comes but we have to build up our own jurisprudence and we cannot countenance an argument that merely because the new law does not recognize the rule of strict and absolute liability, we cannot have it too. Court should not feel inhibited by this rule merely because the new law does not recognise the rule of strict and absolute liability. The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety. The court discussed the scope of the Epistolary jurisdiction and reiterated that procedure being merely a handmaid of justice should not stand in the way to access to justice. (Extracted with edits from M.C. Mehta v. Union of India (1987) 1 SCC 395)

Question: Which of the following offences under the Indian Penal Code (IPC) has a strict liability connotation?

Accepted Answer

Selling adulterated food or drink under Section 272 IPC

Answer

Theft under Section 378 IPC

Answer

Defamation under Section 499 IPC

Answer

Bigamy under Section 494 IPC

Question 5

Read the passage and answer the question.

Passage: The Indian Contract Act is a classical model of contract law that covers various codes that govern general contracts as well as specific contracts. Contract of Bailment, one such type of contract under the Indian law of contract, talks about the delivery of goods from one person to another for a purpose. Under this contract, the bailee is given a right to lien. Right to lien is defined under Section 171 of the Indian Contract Act, 1872, which talks about the general right to lien of bankers, wharfingers, factors, attorneys of high courts and policy brokers. Generally, two parties are involved. The banker who lends money to the borrower or the customer, who then provides a security in exchange for the loan. Both parties are entitled to some of the rights that are associated with the securities that were provided. It is a possessory right which allows the bank to have temporary possession of the goods until the customer's outstanding debt is paid. The banker the right to act as the trustee of the property as long as they are acting within their powers as the custodian and do not sell the property without giving notice to the customer. The landmark judgment of Syndicate Bank v. Vijay Kumar and Others dealt with the issue of whether or not a banker's right to lien and set off was a general and customary right guaranteed to them. In furtherance of Halsbury's laws of England, this judgment recognised the banker's right to general lien was a right guaranteed by the law and not the contract. (Extracted with edits from "Critical Analysis of Bankers Right of General Lien" by Alisha Khalid Bhendwade, IJLRA, Vol. II, 2024)

Question: With respect to bailment, a Banker:

Accepted Answer

Has no right to a lien on a savings account or fixed deposits

Answer

Has a right to a particular lien on fixed deposits

Answer

Has a right to a general lien on fixed deposits

Answer

Has a right to a general lien on savings account

Question 6

Read the passage and answer the question.

Passage: The Indian Contract Act is a classical model of contract law that covers various codes that govern general contracts as well as specific contracts. Contract of Bailment, one such type of contract under the Indian law of contract, talks about the delivery of goods from one person to another for a purpose. Under this contract, the bailee is given a right to lien. Right to lien is defined under Section 171 of the Indian Contract Act, 1872, which talks about the general right to lien of bankers, wharfingers, factors, attorneys of high courts and policy brokers. Generally, two parties are involved. The banker who lends money to the borrower or the customer, who then provides a security in exchange for the loan. Both parties are entitled to some of the rights that are associated with the securities that were provided. It is a possessory right which allows the bank to have temporary possession of the goods until the customer's outstanding debt is paid. The banker the right to act as the trustee of the property as long as they are acting within their powers as the custodian and do not sell the property without giving notice to the customer. The landmark judgment of Syndicate Bank v. Vijay Kumar and Others dealt with the issue of whether or not a banker's right to lien and set off was a general and customary right guaranteed to them. In furtherance of Halsbury's laws of England, this judgment recognised the banker's right to general lien was a right guaranteed by the law and not the contract. (Extracted with edits from "Critical Analysis of Bankers Right of General Lien" by Alisha Khalid Bhendwade, IJLRA, Vol. II, 2024)

Question: Who among the following can exercise right to General Lien in the absence of any provision in the contract? i. Factors ii. Brokers iii. Wharfingers iv. Attorneys

Accepted Answer

All of them

Answer

Iv

Answer

iv and ii

Answer

i and iii

Question 7

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Passage: Jurisprudence progresses as well as regresses. The late nineteenth-century analysis of rights which Hohfeld brought to completion makes a notable advance in clarity. But rights of each of the four Hohfeldian types are spoken of by Aquinas, as well as by the civilian lawyers of his age (and indeed of earlier ages). The word `right' translates the Latin ius or jus, the root of the word's `justice', `jurist', `juridical', and `jurisprudence'. Though Aquinas does not use the plural forms of the word ius as often as we use the plural `rights', it is a sheer mistake to claim, as some have, that he lacked or repudiated the concept of rights in the modern sense, in which a right is `subjective' in the sense of belonging to someone (the subject of the right). When he defines justice as the steady willingness to give to others what is theirs, Aquinas immediately goes on to treat that phrase as synonymous with their right (ius suum); hence he treats a right/rights (ius/iura) as subjective. He also uses the word to speak of `objective' right, that is, what interpersonal action or relationship is right-morally or legally, depending upon the context. Hobbes, who got inspired much in Benthamite and Austinian positivism, spurned the classical juristic tradition and defined `right' as liberty in the sense of sheer absence of duty. So, people have most rights in the state of nature where they have no duties. This move exemplifies regression in legal and, more generally, in political and moral philosophy. Fortunately, the mistake is quite obvious. If no one has any duties to or in respect of others, it will be more accurate to say that no one has any rights at all. For everyone, in such a state of affairs, is subject to being destroyed or abused by everyone and anyone else, and everyone's actions can be impeded as much as any person or group cares, and is able, to arrange. The truth is that the concept of a right makes little sense save as (the Hohfeldian claim-right) a correlative of someone else's duty, or (the Hohfeldian liberty) as protected by someone else's duty of non-interference, or (the Hohfeldian power) as promoted by the duty of officials and others to recognize and effectuate one's acts-inthe-law (or their ethical counterparts), or (the Hohfeldian immunity) as protected by a similar duty of officials and others not to recognize another's juridical acts as it purportedly bears on my position. (Extracted, with edits and revision, from The Oxford Handbook of Jurisprudence and Philosophy of Law, Edited by Jules L. Coleman, Kenneth Einar Himma, and Scott J. Shapiro)

Question: Who said, “Right is an interest which is to be recognised, protected and enforced by law”?

Accepted Answer

Roscoe Pound

Answer

Salmond

Answer

Holland

Answer

Bentham

Question 8

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Passage: International Organisations have had a significant impact on the development of international law, effectively contributing to the establishment of a global constitutional system. According to Henkin, international organisations "represent new laws at its birth, for it is itself a child of law". For instance, the Charter of the United Nations (UN) and its specialised agencies and other international organisations have played a crucial role in shaping international law. The World Health Organisation (WHO), the Organisation for Economic Cooperation and Development (OECD) and the International Labour Organisation (ILO) are among the organisations that have contributed to the significant transformation of international law sources, actors and processes over the past century. Since its establishment with an initial membership of fifty-one states, UN has undergone significant development, becoming a diverse and multidimensional global institution with a current membership of 193 nations. The UN has positioned itself as a global constitutional organisation, striving to safeguard and uphold a minimal world order. Numerous experts in International Law recognise the UN as a crucial international organisation for the maintenance of peace and security. (Rawa Almakky,"The Role of International Organisations in the Development of International Law: An Analytical Assessment of the United Nations", International Scientific Journal on LAW and WORLD, Vol. 9 No. 28, 2023)

Question: Meaning of the Latin phrase ‘ex aequo et bono’ as in legal term, is:

Accepted Answer

Both (A) and (B)

Answer

According to the equitable and good

Answer

On the basis of equity and fairness

Answer

None of the above

Question 9

Read the passage and answer the question.

Passage: International Organisations have had a significant impact on the development of international law, effectively contributing to the establishment of a global constitutional system. According to Henkin, international organisations "represent new laws at its birth, for it is itself a child of law". For instance, the Charter of the United Nations (UN) and its specialised agencies and other international organisations have played a crucial role in shaping international law. The World Health Organisation (WHO), the Organisation for Economic Cooperation and Development (OECD) and the International Labour Organisation (ILO) are among the organisations that have contributed to the significant transformation of international law sources, actors and processes over the past century. Since its establishment with an initial membership of fifty-one states, UN has undergone significant development, becoming a diverse and multidimensional global institution with a current membership of 193 nations. The UN has positioned itself as a global constitutional organisation, striving to safeguard and uphold a minimal world order. Numerous experts in International Law recognise the UN as a crucial international organisation for the maintenance of peace and security. (Rawa Almakky,"The Role of International Organisations in the Development of International Law: An Analytical Assessment of the United Nations", International Scientific Journal on LAW and WORLD, Vol. 9 No. 28, 2023)

Question: The Economic and Social Council consists of 54 Members of the United Nations elected by the General
Assembly distributed as:

Accepted Answer

All of the Above

Answer

African States and Asia Pacific States

Answer

Eastern European, Western European and other States

Answer

Latin American and Caribbean States

Question 10

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Passage: Whether an agreement is a mortgage by conditional sale or sale with an option to repurchase is a vexed question to be considered in the facts of each case. The essentials of an agreement, to qualify as a mortgage by conditional sale, can succinctly be summarized. An ostensible sale with transfer of possession and ownership, but containing a clause for reconveyance in accordance with Section 58(c) of the Act, will clothe the agreement as a mortgage by conditional sale. Referring to Section 58(c) of the Transfer of Property Act the observed, "A deeming fiction was added in the negative that a transaction shall not be deemed to be a mortgage unless the condition for reconveyance is contained in the document which purports to effect the sale." The issue under adjudication was whether the transaction between the parties was an absolute sale of the property or it was a mortgage. The court relied upon the case Bishwanath Prasad Singh v. Rajendra Prasad and Anr, 2006 SC and held that A bare perusal of the said provision clearly shows that a mortgage by conditional sale must be evidenced by one document whereas a sale with condition of retransfer may be evidenced by more than one document. A sale with a condition of retransfer is not a mortgage. It is not a partial transfer. By reason of such a transfer all rights have been transferred reserving only a personal right to the purchaser and such a personal right would be lost unless the same is exercised within the stipulated time. The execution of separate agreement for reconveyance, either contemporaneously or subsequently, shall militate against the agreement being mortgaged by conditional sale. There must exist a debtor and creditor relationship. The valuation of the property, and the transaction value, along with the duration of time for reconveyance, are important considerations to decide the nature of the agreement. There will have to be a cumulative consideration of these factors, along with the recitals in the agreement, intention of the parties, coupled with other attendant circumstances, considered in a holistic manner. The language used in the agreement may not always be conclusive. (Extract from Prakash (Dead) By LR. V. G. Aradhya & Ors, 2023 SC)

Question: What is the limitation period in case of mortgage by conditional sale?

Accepted Answer

12 years

Answer

3 years

Answer

30 years

Answer

No time limit

Question 11

CLAT PG 2025 Question Paper with Answers